Offender Rehabilitation Bill (HC Bill 88)

Probation

1 Probation service reform: Parliamentary approval

No alteration or reform may be made to the structure of the probation service
unless the proposals have been laid before, and approved by resolution of,
5both Houses of Parliament.

Release and supervision of offenders sentenced to less than 2 years

2 Reduction of cases in which prisoners released unconditionally

In section 243A of the Criminal Justice Act 2003 (duty to release prisoners
serving less than 12 months unconditionally once one-half of sentence served),
10for subsection (1) substitute—

“(1) This section applies to a fixed-term prisoner if—

(a) the prisoner is serving a sentence which is for a term of 1 day, or

(b) the prisoner—

(i) is serving a sentence which is for a term of less than 12
15months, and

(ii) is aged under 18 on the last day of the requisite custodial
period.

(1A) This section also applies to a fixed-term prisoner if—

(a) the prisoner is serving a sentence which is for a term of less than
12 months, and

(b) the sentence was imposed in respect of an offence committed
before the day on which section 2 of the Offender Rehabilitation
5Act 2013 came into force.”

3 Supervision after end of sentence

(1) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release,
licences and recall) is amended as follows.

(2) After section 256A insert—

10“Supervision of offenders

256AA Supervision after end of sentence of prisoners serving less than 2
years

(1) This section applies where a person (“the offender”) has served a fixed-
term sentence which was for a term of more than 1 day but less than 2
15years, except where—

(a) the offender was aged under 18 on the last day of the requisite
custodial period (as defined in section 243A(3)),

(b) the sentence was an extended sentence imposed under section
226A or 226B, or

(c) 20the sentence was imposed in respect of an offence committed
before the day on which section 3(2) of the Offender
Rehabilitation Act 2013 came into force.

(2) The offender must comply with the supervision requirements during
the supervision period, except at any time when the offender is—

(a) 25in legal custody,

(b) subject to a licence under this Chapter or Chapter 2 of Part 2 of
the Crime (Sentences) Act 1997, or

(c) subject to DTO supervision.

(3) The supervision requirements are the requirements for the time being
30specified in a notice given to the offender by the Secretary of State (but
see the restrictions in section 256AB).

(4) “The supervision period” is the period which—

(a) begins on the expiry of the sentence, and

(b) ends on the expiry of the period of 12 months beginning
35immediately after the offender has served the requisite
custodial period (as defined in section 244(3)).

(5) The purpose of the supervision period is the rehabilitation of the
offender.

(6) The Secretary of State must have regard to that purpose when
40specifying requirements under this section.

(7) The supervisor must have regard to that purpose when carrying out
functions in relation to the requirements.

(8) In this Chapter, “the supervisor”, in relation to a person subject to
supervision requirements under this section, means an officer of a
provider of probation services who is for the time being responsible for
discharging the functions conferred by this Chapter on the supervisor
5in accordance with arrangements made by the Secretary of State.

(9) In this section “DTO supervision” means supervision under—

(a) a detention and training order (including an order under
section 211 of the Armed Forces Act 2006), or

(b) an order under section 104(3)(aa) of the Powers of Criminal
10Courts (Sentencing) Act 2002 (breach of supervision
requirements of detention and training order).

(10) This section has effect subject to section 264(3C)(b) and (3D).”

(3) In section 237(1) (meaning of “fixed-term prisoner”), at the end insert—

“and “fixed-term sentence” means a sentence falling within paragraph
15(a) or (b).”

(4) In Schedule 1 to this Act—

(a) Part 1 inserts section 256AB of the Criminal Justice Act 2003 which
makes general provision about supervision requirements, and

(b) Part 2 inserts sections 256D and 256E of that Act which make provision
20about drug testing requirements and drug appointment requirements.

4 Breach of supervision requirements

(1) In Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release,
licences and recall), after section 256AB insert—

“256AC Breach of supervision requirements imposed under section 256AA

(1) 25Where it appears on information to a justice of the peace that a person
has failed to comply with a supervision requirement imposed under
section 256AA, the justice may—

(a) issue a summons requiring the offender to appear at the place
and time specified in the summons, or

(b) 30if the information is in writing and on oath, issue a warrant for
the offender’s arrest.

(2) Any summons or warrant issued under this section must direct the
person to appear or be brought—

(a) before a magistrates’ court acting for the local justice area in
35which the offender resides, or

(b) if it is not known where the person resides, before a magistrates’
court acting for the same local justice area as the justice who
issued the summons or warrant.

(3) Where the person does not appear in answer to a summons issued
40under subsection (1)(a), the court may issue a warrant for the person’s
arrest.

(4) If it is proved to the satisfaction of the court that the person has failed
without reasonable excuse to comply with a supervision requirement
imposed under section 256AA, the court may—

(a) order the person to be committed to prison for a period not
exceeding 14 days (subject to subsection (7)),

(b) order the person to pay a fine not exceeding level 3 on the
standard scale, or

(c) 5make an order (a “supervision default order”) imposing on the
person—

(i) an unpaid work requirement (as defined by section 199),
or

(ii) a curfew requirement (as defined by section 204).

(5) 10Section 177(3) (obligation to impose electronic monitoring
requirement) applies in relation to a supervision default order that
imposes a curfew requirement as it applies in relation to a community
order that imposes such a requirement.

(6) If the court deals with the person under subsection (4), it must revoke
15any supervision default order which is in force at that time in respect of
that person.

(7) Where the person is under the age of 21—

(a) an order under subsection (4)(a) in respect of the person must
be for committal to a young offender institution instead of to
20prison, but

(b) the Secretary of State may from time to time direct that a person
committed to a young offender institution by such an order is to
be detained in a prison or remand centre instead.

(8) A person committed to prison or a young offender institution by an
25order under subsection (4)(a) is to be regarded as being in legal
custody.

(9) A fine imposed under subsection (4)(b) is to be treated, for the purposes
of any enactment, as being a sum adjudged to be paid by a conviction.

(10) In Schedule 19A (supervision default orders)—

(a) 30Part 1 makes provision about requirements of supervision
default orders, and

(b) Part 2 makes provision about the breach, revocation and
amendment of supervision default orders.

(11) A person dealt with under this section may appeal to the Crown Court
35against the order made by the court.”

(2) Schedule 2 to this Act inserts new Schedule 19A to the Criminal Justice Act
2003.

5 Supervision of certain young offenders after release from detention

(1) Section 256B of the Criminal Justice Act 2003 (supervision of young offenders
40after release) is amended as follows.

(2) For subsection (1) substitute—

“(1) This section applies where a person (“the offender”) is released under
this Chapter if—

(a) the person is, at the time of the release, serving a sentence of
detention under section 91 of the Sentencing Act which is for a
term of less than 12 months, and

(b) the person is aged under 18 on the last day of the requisite
5custodial period (as defined in section 243A(3)).

(1A) This section also applies where a person (“the offender”) is released
under this Chapter if—

(a) the person is, at the time of the release, serving a sentence of
detention under section 91 or 96 of the Sentencing Act which is
10for a term of less than 12 months, and

(b) the sentence was imposed in respect of an offence committed
before the day on which section 2 of the Offender Rehabilitation
Act 2013 came into force.”

(3) In subsection (7)—

(a) 15for paragraph (c) substitute—

“(c) where the offender is aged 18 or over—

(i) drug testing requirements (see section 256D);

(ii) drug appointment requirements (see section
256E).”

(4) 20After that subsection insert—

“(7A) Paragraph (c)(i) and (ii) of subsection (7) have effect subject to the
restrictions in sections 256D(2) and 256E(2).”

(5) Omit subsection (8).

(6) For subsection (9) substitute—

“(9) 25The Secretary of State may make rules about the requirements that may
be imposed by virtue of subsection (7)(a) or (b).”

(7) Omit subsection (10).

6 Consecutive terms

(1) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release,
30licences and recall) is amended as follows.

(2) In section 264 (consecutive terms), for subsections (3) and (3A) substitute—

“(3B) The offender’s release under this Chapter is to be unconditional if—

(a) the aggregate length of the terms of imprisonment is less than
12 months, and

(b) 35section 243A so requires in respect of each of the sentences,

but in any other case is to be on licence.

(3C) If the offender is released on licence under this Chapter—

(a) the offender is to be on licence, on and after the release, until the
offender would, but for the release, have served a term equal in
40length to the aggregate length of the terms of imprisonment
(but see section 264A);

(b) the offender is to be subject to supervision requirements under
section 256AA if (and only if)—

(i) section 256AA so requires in respect of one or more of
the sentences, and

(ii) the aggregate length of the terms of imprisonment is less
than 2 years.

(3D) 5If the offender is subject to supervision requirements under section
256AA, the supervision period for the purposes of that section begins
on the expiry of the period during which the offender is on licence by
virtue of subsection (3C)(a).

(3E) When the offender is released under this Chapter (whether
10unconditionally or on licence), the offender is to be subject to
supervision requirements under section 256B if that section so requires
in respect of one or more of the sentences.”

(3) After that section insert—

“264A Consecutive terms: supplementary

(1) 15This section applies in a case in which section 264 applies where—

(a) the offender is released on licence under this Chapter,

(b) the aggregate length of the terms of imprisonment mentioned in
section 264(1)(a) is less than 12 months, and

(c) those terms include one or more terms of imprisonment (“short
20transitional terms”) which were imposed in respect of an
offence committed before the day on which section 2 of the
Offender Rehabilitation Act 2013 came into force, as well as one
or more terms imposed in respect of an offence committed on or
after that day.

(2) 25The offender is to be on licence until the offender would, but for the
release, have served a term equal in length to the aggregate of—

(a) the custodial period in relation to each of the short transitional
terms, and

(b) the full length of each of the other terms.

(3) 30In this section “custodial period” has the same meaning as in section
264.”

(4) Schedule 20B (modifications of Chapter 6 of Part 12 in certain transitional
cases) is amended as follows.

(5) In paragraph 22 (consecutive terms including 1991 Act sentence), after sub-
35paragraph (3) insert—

“(3A) If P is subject to supervision requirements under section 256AA (by
virtue of section 264(3C)(b)), section 256AA(4)(b) (end of supervision
period) applies in relation to P as if the reference to the requisite
custodial period were to the period described in sub-paragraph (3) of
40this paragraph.”

(6) In paragraph 33 (consecutive terms including 1967 Act sentence), after sub-
paragraph (3) insert—

“(4) If P is subject to supervision requirements under section 256AA (by
virtue of section 264(3C)(b)), section 256AA(4)(b) (end of supervision
45period) applies in relation to P as if the reference to the requisite

custodial period were to the period described in sub-paragraph (3) of
this paragraph.”

7 Supervision of certain young offenders after detention and training order

(1) Chapter 2 of Part 5 of the Powers of Criminal Courts (Sentencing) Act 2000
5(custodial sentences: detention and custody of young offenders) is amended as
follows.

(2) In section 101(13) (term of detention and training order where consecutive or
concurrent orders imposed), after “105” insert “and 106B”.

(3) In section 103 (period of supervision of offender subject to detention and
10training order)—

(a) in subsection (2), at the beginning insert “Subject to subsection (2A),”,
and

(b) after subsection (2) insert—

“(2A) An order under subsection (2) may not include provision about
15cases in which—

(a) the offender is aged 18 or over at the half-way point of
the term of the detention and training order, and

(b) the order was imposed in respect of an offence
committed on or after the day on which section 7(4) of
20the Offender Rehabilitation Act 2013 came into force.”

(4) After section 106A insert—

“106B Further supervision after end of term of detention and training order

(1) This section applies where a detention and training order is made in
respect of an offender if—

(a) 25the offender is aged 18 or over at the half-way point of the term
of the order,

(b) the term of the order is less than 24 months, and

(c) the order was imposed in respect of an offence committed on or
after the day on which section 7(4) of the Offender
30Rehabilitation Act 2013 came into force.

(2) The following provisions of the Criminal Justice Act 2003 (which relate
to supervision after end of sentence) apply as they apply in cases
described in section 256AA(1) of that Act—

(a) sections 256AA(2) to (9), 256AB and 256AC,

(b) 35sections 256D and 256E, and

(c) Schedule 19A,

but with the following modifications.

(3) “The supervision period”, in relation to the offender, is the period
which—

(a) 40begins on the expiry of the term of the detention and training
order, and

(b) ends on the expiry of the period of 12 months beginning
immediately after the half-way point of the term of the order.

(4) Section 256AA(8) (definition of “the supervisor”) applies as if the
45reference to an officer of a provider of probation services were to—

(a) an officer of a provider of probation services, or

(b) a member of the youth offending team established by the local
authority in whose area the offender resides for the time being.

(5) The power under section 256AB(4) of the Criminal Justice Act 2003
5includes power to make provision about the supervision requirements
that may be imposed under section 256AA of that Act as applied by this
section and to amend this Act.

(6) Subsection (7) applies where the term of the detention and training
order is determined by section 101(13) (consecutive and concurrent
10orders).

(7) The offender is subject to supervision under section 256AA (as applied
by this section) if that section (as applied) so requires in respect of one
or more of the consecutive or concurrent orders.”

8 Minor and consequential provision

(1) 15Schedule 3 contains minor and consequential provision.

(2) The Secretary of State may by order made by statutory instrument amend the
Powers of Criminal Courts (Sentencing) Act 2000 and the Criminal Justice Act
2003 so as to—

(a) replace a reference to a date on which a provision of this Act came into
20force with a reference to the actual date on which it did so, and

(b) insert provision explaining the date.

Other provision about release and supervision of offenders

9 Extended sentences: length of extension period

(1) Chapter 5 of Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous
25offenders) is amended as follows.

(2) In section 226A (extended sentence for certain violent or sexual offences:
persons 18 or over)—

(a) in subsection (7), for “subsections (8) and (9)” substitute “subsections
(7A) to (9)”, and

(b) 30after that subsection insert—

“(7A) The extension period must be at least 1 year.”

(3) In section 226B (extended sentence for certain violent or sexual offences:
persons under 18)—

(a) in subsection (5), for “subsections (6) and (7)” substitute “subsections
35(5A) to (7)”, and

(b) after that subsection insert—

“(5A) The extension period must be at least 1 year.”

10 Recall and further release of offenders

(1) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release,
40licences and recall) is amended as follows.

(2) In section 244(1A) (disapplication of that section following recall), after “246”
insert “or 248”.

(3) In section 255(1)(a) (recall of prisoners released early under section 246), for
“any condition included in his licence” substitute “the curfew condition
5included in the licence”.

(4) In section 255A (further release after recall)—

(a) omit subsection (3),

(b) in subsection (5), after paragraph (b) insert—

“but that is subject, where applicable, to section 243A(2)
10(unconditional release).”, and

(c) at the end insert—

“(8) Automatic release” means release at the end of the automatic
release period.

(9) In the case of a person recalled under section 254 while on
15licence under a provision of this Chapter other than section 246,
“the automatic release period” means—

(a) where the person is serving a sentence of less than 12
months, the period of 14 days beginning with the day on
which the person returns to custody;

(b) 20where the person is serving a sentence of 12 months or
more, the period of 28 days beginning with that day.

(10) In the case of a person recalled under section 254 while on
licence under section 246, “the automatic release period” means
whichever of the following ends later—

(a) 25the period described in subsection (9)(a) or (b) (as
appropriate);

(b) the requisite custodial period which the person would
have served under section 243A or 244 but for the earlier
release.”

(5) 30In section 255B(1)(b) (automatic release), for “the 28 day period mentioned in
section 255A(3)” substitute “the automatic release period (as defined in section
255A(9) and (10))”.

(6) In section 240ZA(6) (time remanded in custody not to count as time served for
purposes of automatic release), for “period of 28 days served by the offender
35before automatic release” substitute “automatic release period served by the
offender”.

(7) In section 240A(3B) (time remanded on bail not to count as time served for
purposes of automatic release), for “period of 28 days served by the offender
before automatic release” substitute “automatic release period served by the
40offender”.

11 Arrangements for supervision and rehabilitation: female offenders

In section 3 of the Offender Management Act 2007 (power to make
arrangements for the provision of probation services), after subsection (6)